Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/114

 102 of the church of England. It was an old Saxon tenure; and continued under the Norman revolution, through the great repect that was hewn to religion and religious men in antient times. Which is alo the reaon that tenants in frankalmoign were dicharged of all other ervices, except the trinoda neceitas, of repairing the highways, building catles, and repelling invaions : jut as the Druids, among the antient Britons, had omnium rerum immunitatem. And, even at preent, this is a tenure of a nature very ditinct from all others; being not in the leat feodal, but merely piritual. For if the ervice be neglected, the law gives no remedy by ditres or otherwie to the lord of whom the lands are holden; but merely a complaint to the ordinary or viitor to correct it. Wherein it materially differed from what was called tenure by divine ervice: in which the tenants were obliged to do ome pecial divine ervices in certain; as to ing o many maes, to ditribute uch a um in alms, and the like; which, being exprely defined and precribed, could with no kind of propriety be called free alms; epecially as for this, if unperformed, the lord might ditrein, without any complaint to the viitor. All uch donations are indeed now out of ue: for, ince the tatute of quia emptores, 18 Edw. I. none but the king can give lands to be holden by this tenure. So that I only mention them, becaue frankalmoign is excepted by name in the tatute of Charles II, and therefore ubits in many intances at this day. Which is all that hall be remarked concerning it; herewith concluding our obervations on the nature of tenures.